TRAN (Migration)

[2017] AATA 1776

TRAN (Migration) [2017] AATA 1776 (4 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Huy Luan TRAN

CASE NUMBER:  1711246

DIBP REFERENCE(S):  BCC2016/3491633

MEMBER:Geraldine Hoeben

DATE:04/07/17

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 04 July 2017 at 1:35pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Review application out of time

LEGISLATION

Migration Act 1958, ss 65, 347(1)(b), 494C

Migration Regulation 1994, r 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 27 April 2017, to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 26 May 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Pursuant to s.347(1)(b) of the Act and r.4.10 of the Migration Regulations 1994 (the Regulations) an application for review of this decision had to be made within 21 days after the applicant was notified of the decision in accordance with the statutory requirements.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 27 April 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal, by e-mail dated 13/06/17, gave the applicant an opportunity of responding to the its preliminary opinion that he was out of time in the lodging of his review application. He was to respond by 27/06/17. No response has been received by the Tribunal. The applicant has made no further contact with the Tribunal since. 

6. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 27 April 2017. Therefore the prescribed period within which the review application could be made ended on 18 May 2017. As the application for review was not received by the Tribunal until 26 May 2017 it follows that the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Geraldine Hoeben
   Member